(705 ILCS 405/5-715)
(Text of Section from P.A. 103-22) Sec. 5-715. Probation.
(1) The period of probation or conditional discharge shall not exceed 5
years or until the minor has attained the age of 21 years, whichever is less,
except as provided in this Section for a minor who is found to be guilty
for an offense which is first degree murder. The juvenile court may terminate probation or
conditional discharge and discharge the minor at any time if warranted by the
conduct of the minor and the ends of justice; provided, however, that the
period of probation for a minor who is found to be guilty for an offense which
is first degree murder shall be at
least 5 years.
(1.5) The period of probation for a minor who is found guilty of aggravated criminal sexual assault, criminal sexual assault, or aggravated battery with a firearm shall be at least 36 months. The period of probation for a minor who is found to be guilty of any other Class X felony shall be at least 24 months. The period of probation for a Class 1 or Class 2 forcible felony shall be at least 18 months. Regardless of the length of probation ordered by the court, for all offenses under this paragraph (1.5), the court shall schedule hearings to determine whether it is in the best interest of the minor and public safety to terminate probation after the minimum period of probation has been served. In such a hearing, there shall be a rebuttable presumption that it is in the best interest of the minor and public safety to terminate probation. (2) The court may as a condition of probation or of conditional discharge
require that the minor:
(a) not violate any criminal statute of any |
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(b) make a report to and appear in person before any
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| person or agency as directed by the court;
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(c) work or pursue a course of study or vocational
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(d) undergo medical or psychiatric treatment,
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| rendered by a psychiatrist or psychological treatment rendered by a clinical psychologist or social work services rendered by a clinical social worker, or treatment for drug addiction or alcoholism;
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(e) attend or reside in a facility established for
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| the instruction or residence of persons on probation;
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(f) support the minor's dependents, if any;
(g) refrain from possessing a firearm or other
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| dangerous weapon, or an automobile;
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(h) permit the probation officer to visit the minor
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| at the minor's home or elsewhere;
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(i) reside with the minor's parents or in a foster
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(j) attend school;
(j-5) with the consent of the superintendent of the
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| facility, attend an educational program at a facility other than the school in which the offense was committed if the minor committed a crime of violence as defined in Section 2 of the Crime Victims Compensation Act in a school, on the real property comprising a school, or within 1,000 feet of the real property comprising a school;
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(k) attend a non-residential program for youth;
(l) make restitution under the terms of subsection
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(m) contribute to the minor's own support at home or
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(n) perform some reasonable public or community
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(o) participate with community corrections programs
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| including unified delinquency intervention services administered by the Department of Human Services subject to Section 5 of the Children and Family Services Act;
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(p) pay costs;
(q) serve a term of home confinement. In addition to
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| any other applicable condition of probation or conditional discharge, the conditions of home confinement shall be that the minor:
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(i) remain within the interior premises of the
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| place designated for the minor's confinement during the hours designated by the court;
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(ii) admit any person or agent designated by the
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| court into the minor's place of confinement at any time for purposes of verifying the minor's compliance with the conditions of the minor's confinement; and
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(iii) use an approved electronic monitoring
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| device if ordered by the court subject to Article 8A of Chapter V of the Unified Code of Corrections;
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(r) refrain from entering into a designated
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| geographic area except upon terms as the court finds appropriate. The terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the minor, and advance approval by a probation officer, if the minor has been placed on probation, or advance approval by the court, if the minor has been placed on conditional discharge;
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(s) refrain from having any contact, directly or
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| indirectly, with certain specified persons or particular types of persons, including but not limited to members of street gangs and drug users or dealers;
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(s-5) undergo a medical or other procedure to have a
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| tattoo symbolizing allegiance to a street gang removed from the minor's body;
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(t) refrain from having in the minor's body the
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| presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and shall submit samples of the minor's blood or urine or both for tests to determine the presence of any illicit drug; or
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(u) comply with other conditions as may be ordered by
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(3) The court may as a condition of probation or of conditional discharge
require that a minor found guilty on any alcohol, cannabis, methamphetamine, or
controlled substance violation, refrain from acquiring a driver's license
during the period of probation or conditional discharge. If the minor is in
possession of a permit or license, the court may require that the minor refrain
from driving or operating any motor vehicle during the period of probation or
conditional discharge, except as may be necessary in the course of the minor's
lawful
employment.
(3.5) The court shall, as a condition of probation or of conditional
discharge,
require that a minor found to be guilty and placed on probation for reasons
that include a
violation of Section 3.02 or Section 3.03 of the Humane Care for Animals Act or
paragraph
(4) of subsection (a) of Section 21-1 of the
Criminal Code of 2012 undergo medical or psychiatric treatment rendered by a
psychiatrist or psychological treatment rendered by a clinical psychologist.
The
condition may be in addition to any other condition.
(3.10) The court shall order that a minor placed on probation or
conditional discharge for a sex offense as defined in the Sex Offender
Management Board Act undergo and successfully complete sex offender treatment.
The treatment shall be in conformance with the standards developed under
the Sex Offender Management Board Act and conducted by a treatment provider
approved by the Board. The treatment shall be at the expense of the person
evaluated based upon that person's ability to pay for the treatment.
(4) A minor on probation or conditional discharge shall be given a
certificate setting forth the conditions upon which the minor is being
released.
(5) The court shall impose upon a minor placed on probation or conditional
discharge, as a condition of the probation or conditional discharge, a fee of
$50 for each month of probation or conditional discharge supervision ordered by
the court, unless after determining the inability of the minor placed on
probation or conditional discharge to pay the fee, the court assesses a lesser
amount. The court may not impose the fee on a minor who is placed in the guardianship or custody of the Department of Children and Family Services under this Act while the minor is in placement. The fee shall be
imposed only upon a minor who is actively supervised by the probation and court
services department. The court may order the parent, guardian, or legal
custodian of the minor to pay some or all of the fee on the minor's behalf.
(5.5) Jurisdiction over an offender may be transferred from the
sentencing court to the court of another circuit with the concurrence
of both courts. Further transfers or retransfers of jurisdiction are
also authorized in the same manner. The court to which jurisdiction has
been transferred shall have the same powers as the sentencing court.
The probation department within the circuit to which jurisdiction has
been transferred, or which has agreed to provide supervision, may
impose probation fees upon receiving the transferred offender, as
provided in subsection (i) of Section 5-6-3 of the Unified Code of Corrections. For all transfer cases, as defined in
Section 9b of the Probation and Probation Officers Act, the probation
department from the original sentencing court shall retain all
probation fees collected prior to the transfer. After the transfer, all
probation fees shall be paid to the probation department within the
circuit to which jurisdiction has been transferred.
If the transfer case originated in another state and has been transferred under the Interstate Compact for Juveniles to the jurisdiction of an Illinois circuit court for supervision by an Illinois probation department, probation fees may be imposed only if permitted by the Interstate Commission for Juveniles.
(6) The General Assembly finds that in order to protect the public, the
juvenile justice system must compel compliance with the conditions of probation
by responding to violations with swift, certain, and fair punishments and
intermediate sanctions. The Chief Judge of each circuit shall adopt a system
of structured, intermediate sanctions for violations of the terms and
conditions of a sentence of supervision, probation or conditional discharge,
under this
Act.
The court shall provide as a condition of a disposition of probation,
conditional discharge, or supervision, that the probation agency may invoke any
sanction from the list of intermediate sanctions adopted by the chief judge of
the circuit court for violations of the terms and conditions of the sentence of
probation, conditional discharge, or supervision, subject to the provisions of
Section 5-720 of this Act.
(Source: P.A. 103-22, eff. 8-8-23.)
(Text of Section from P.A. 103-379)
Sec. 5-715. Probation.
(1) The period of probation or conditional discharge shall not exceed 5
years or until the minor has attained the age of 21 years, whichever is less,
except as provided in this Section for a minor who is found to be guilty
for an offense which is first degree murder. The juvenile court may terminate probation or
conditional discharge and discharge the minor at any time if warranted by the
conduct of the minor and the ends of justice; provided, however, that the
period of probation for a minor who is found to be guilty for an offense which
is first degree murder shall be at
least 5 years.
(1.5) The period of probation for a minor who is found guilty of aggravated criminal sexual assault, criminal sexual assault, or aggravated battery with a firearm shall be at least 36 months. The period of probation for a minor who is found to be guilty of any other Class X felony shall be at least 24 months. The period of probation for a Class 1 or Class 2 forcible felony shall be at least 18 months. Regardless of the length of probation ordered by the court, for all offenses under this paragraph (1.5), the court shall schedule hearings to determine whether it is in the best interest of the minor and public safety to terminate probation after the minimum period of probation has been served. In such a hearing, there shall be a rebuttable presumption that it is in the best interest of the minor and public safety to terminate probation.
(2) The court may as a condition of probation or of conditional discharge
require that the minor:
(a) not violate any criminal statute of any
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(b) make a report to and appear in person before any
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| person or agency as directed by the court;
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(c) work or pursue a course of study or vocational
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(d) undergo medical or psychiatric treatment,
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| rendered by a psychiatrist or psychological treatment rendered by a clinical psychologist or social work services rendered by a clinical social worker, or treatment for drug addiction or alcoholism;
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(e) attend or reside in a facility established for
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| the instruction or residence of persons on probation;
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(f) support his or her dependents, if any;
(g) refrain from possessing a firearm or other
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| dangerous weapon, or an automobile;
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(h) permit the probation officer to visit him or her
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| at his or her home or elsewhere;
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(i) reside with his or her parents or in a foster
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(j) attend school;
(j-5) with the consent of the superintendent of the
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| facility, attend an educational program at a facility other than the school in which the offense was committed if he or she committed a crime of violence as defined in Section 2 of the Crime Victims Compensation Act in a school, on the real property comprising a school, or within 1,000 feet of the real property comprising a school;
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(k) attend a non-residential program for youth;
(l) make restitution under the terms of subsection
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(m) provide nonfinancial contributions to his or her
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| own support at home or in a foster home;
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(n) perform some reasonable public or community
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| service that does not interfere with school hours, school-related activities, or work commitments of the minor or the minor's parent, guardian, or legal custodian;
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(o) participate with community corrections programs
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| including unified delinquency intervention services administered by the Department of Human Services subject to Section 5 of the Children and Family Services Act;
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(p) (blank);
(q) serve a term of home confinement. In addition to
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| any other applicable condition of probation or conditional discharge, the conditions of home confinement shall be that the minor:
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(i) remain within the interior premises of the
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| place designated for his or her confinement during the hours designated by the court;
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(ii) admit any person or agent designated by the
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| court into the minor's place of confinement at any time for purposes of verifying the minor's compliance with the conditions of his or her confinement; and
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(iii) use an approved electronic monitoring
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| device if ordered by the court subject to Article 8A of Chapter V of the Unified Code of Corrections;
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(r) refrain from entering into a designated
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| geographic area except upon terms as the court finds appropriate. The terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the minor, and advance approval by a probation officer, if the minor has been placed on probation, or advance approval by the court, if the minor has been placed on conditional discharge;
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(s) refrain from having any contact, directly or
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| indirectly, with certain specified persons or particular types of persons, including but not limited to members of street gangs and drug users or dealers;
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(s-5) undergo a medical or other procedure to have a
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| tattoo symbolizing allegiance to a street gang removed from his or her body;
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(t) refrain from having in his or her body the
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| presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and shall submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug; or
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(u) comply with other conditions as may be ordered by
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(3) The court may as a condition of probation or of conditional discharge
require that a minor found guilty on any alcohol, cannabis, methamphetamine, or
controlled substance violation, refrain from acquiring a driver's license
during the period of probation or conditional discharge. If the minor is in
possession of a permit or license, the court may require that the minor refrain
from driving or operating any motor vehicle during the period of probation or
conditional discharge, except as may be necessary in the course of the minor's
lawful
employment.
(3.5) The court shall, as a condition of probation or of conditional
discharge,
require that a minor found to be guilty and placed on probation for reasons
that include a
violation of Section 3.02 or Section 3.03 of the Humane Care for Animals Act or
paragraph
(4) of subsection (a) of Section 21-1 of the
Criminal Code of 2012 undergo medical or psychiatric treatment rendered by a
psychiatrist or psychological treatment rendered by a clinical psychologist.
The
condition may be in addition to any other condition.
(3.10) The court shall order that a minor placed on probation or
conditional discharge for a sex offense as defined in the Sex Offender
Management Board Act undergo and successfully complete sex offender treatment.
The treatment shall be in conformance with the standards developed under
the Sex Offender Management Board Act and conducted by a treatment provider
approved by the Board.
(4) A minor on probation or conditional discharge shall be given a
certificate setting forth the conditions upon which he or she is being
released.
(5) (Blank).
(5.5) Jurisdiction over an offender may be transferred from the
sentencing court to the court of another circuit with the concurrence
of both courts. Further transfers or retransfers of jurisdiction are
also authorized in the same manner. The court to which jurisdiction has
been transferred shall have the same powers as the sentencing court.
If the transfer case originated in another state and has been transferred under the Interstate Compact for Juveniles to the jurisdiction of an Illinois circuit court for supervision by an Illinois probation department, probation fees may be imposed only if permitted by the Interstate Commission for Juveniles.
(6) The General Assembly finds that in order to protect the public, the
juvenile justice system must compel compliance with the conditions of probation
by responding to violations with swift, certain, and fair punishments and
intermediate sanctions. The Chief Judge of each circuit shall adopt a system
of structured, intermediate sanctions for violations of the terms and
conditions of a sentence of supervision, probation or conditional discharge,
under this
Act.
The court shall provide as a condition of a disposition of probation,
conditional discharge, or supervision, that the probation agency may invoke any
sanction from the list of intermediate sanctions adopted by the chief judge of
the circuit court for violations of the terms and conditions of the sentence of
probation, conditional discharge, or supervision, subject to the provisions of
Section 5-720 of this Act.
(7) Fines and assessments, including any fee or administrative cost authorized under Section 5-4.5-105, 5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the Unified Code of Corrections, shall not be ordered or imposed on a minor or the minor's parent, guardian, or legal custodian as a condition of probation, conditional discharge, or supervision. If the minor or the minor's parent, guardian, or legal custodian is unable to cover the cost of a condition under this subsection, the court shall not preclude the minor from receiving probation, conditional discharge, or supervision based on the inability to pay. Inability to pay shall not be grounds to object to the minor's placement on probation, conditional discharge, or supervision.
(Source: P.A. 103-379, eff. 7-28-23.)
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(705 ILCS 405/5-745)
Sec. 5-745. Court review.
(1) The court may require any legal custodian or guardian of the person
appointed under this Act, including the Department of Juvenile Justice for youth committed under Section 5-750 of this Act, to report periodically to the court or may cite the legal custodian or guardian into court and require the legal custodian or guardian, or the legal custodian's or guardian's agency, to make a full
and accurate report of the
doings of the legal custodian, guardian, or agency on behalf of the minor, including efforts to secure post-release placement of the youth after release from the Department's facilities. The legal custodian or
guardian,
within 10 days after the citation, shall make the report, either in writing
verified by affidavit or orally under oath in open court, or otherwise as the
court directs. Upon the hearing of the report the court may remove the legal
custodian or guardian and appoint another in the legal custodian's or guardian's stead or restore the
minor to
the custody of the minor's parents or former guardian or legal custodian.
(2) If the Department of Children and Family Services is appointed legal custodian or guardian of a minor under Section 5-740 of this Act, the Department of Children and Family Services shall file updated case plans with the court every 6 months. Every agency
which has guardianship of a child shall file a supplemental petition for court
review, or review by an administrative body appointed or approved by the court
and further order within 18 months of the sentencing order and each 18 months
thereafter. The petition shall state facts relative to the child's present
condition of physical, mental and emotional health as well as facts relative to the minor's
present custodial or foster care. The petition shall be set for
hearing
and the clerk shall mail 10 days notice of the hearing by certified mail,
return receipt requested, to the person or agency having the physical custody
of the child, the minor and other interested parties unless a
written waiver of notice is filed with the petition.
If the minor is in the custody of the Illinois Department of Children and Family Services, pursuant to an order entered under this Article, the court shall conduct permanency hearings as set out in subsections (1), (2), and (3) of Section 2-28 of Article II of this Act. Rights of wards of the court under this Act are enforceable against any
public agency by complaints for relief by mandamus filed in any proceedings
brought under this Act.
(3) The minor or any person interested in the minor may apply to the court
for a change in custody of the minor and the appointment of a new custodian or
guardian of the person or for the restoration of the minor to the custody of the minor's
parents or former guardian or custodian. In the event that the
minor has
attained 18 years of age and the guardian or custodian petitions the court for
an order terminating the minor's guardianship or custody, guardianship or legal
custody
shall terminate automatically 30 days after the receipt of the petition unless
the
court orders otherwise. No legal custodian or guardian of the person may be
removed without the legal custodian's or guardian's consent until given notice and an opportunity to be
heard by the court.
(4) If the minor is committed to the Department of Juvenile Justice under Section 5-750 of this Act, the Department shall notify the court in writing of the occurrence of any of the following: (a) a critical incident involving a youth committed |
| to the Department; as used in this paragraph (a), "critical incident" means any incident that involves a serious risk to the life, health, or well-being of the youth and includes, but is not limited to, an accident or suicide attempt resulting in serious bodily harm or hospitalization, psychiatric hospitalization, alleged or suspected abuse, or escape or attempted escape from custody, filed within 10 days of the occurrence;
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(b) a youth who has been released by the Prisoner
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| Review Board but remains in a Department facility solely because the youth does not have an approved aftercare release host site, filed within 10 days of the occurrence;
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(c) a youth, except a youth who has been adjudicated
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| a habitual or violent juvenile offender under Section 5-815 or 5-820 of this Act or committed for first degree murder, who has been held in a Department facility for over one consecutive year; or
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(d) if a report has been filed under paragraph (c) of
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| this subsection, a supplemental report shall be filed every 6 months thereafter.
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The notification required by this subsection (4) shall contain a brief description of the incident or situation and a summary of the youth's current physical, mental, and emotional health and the actions the Department took in response to the incident or to identify an aftercare release host site, as applicable. Upon receipt of the notification, the court may require the Department to make a full report under subsection (1) of this Section.
(5) With respect to any report required to be filed with the court under this Section, the Independent Juvenile Ombudsperson shall provide a copy to the minor's court appointed guardian ad litem, if the Department has received written notice of the appointment, and to the minor's attorney, if the Department has received written notice of representation from the attorney. If the Department has a record that a guardian has been appointed for the minor and a record of the last known address of the minor's court appointed guardian, the Independent Juvenile Ombudsperson shall send a notice to the guardian that the report is available and will be provided by the Independent Juvenile Ombudsperson upon request. If the Department has no record regarding the appointment of a guardian for the minor, and the Department's records include the last known addresses of the minor's parents, the Independent Juvenile Ombudsperson shall send a notice to the parents that the report is available and will be provided by the Independent Juvenile Ombudsperson upon request.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/5-750)
Sec. 5-750. Commitment to the Department of Juvenile Justice. (1) Except as provided in subsection (2) of this Section, when any
delinquent has been adjudged a ward of the court under this Act, the court may
commit the minor to the Department of Juvenile Justice, if it
finds
that (a) the minor's parents, guardian or legal custodian are unfit or are
unable, for
some reason other than financial circumstances alone, to care for, protect,
train or discipline the minor, or are unwilling to do so,
and the best interests of the minor and
the public will not be served by placement under Section 5-740,
or it is
necessary to ensure the protection of the public from the consequences of
criminal activity of the delinquent; and (b)
commitment to the Department of Juvenile Justice is the least
restrictive alternative based on evidence that efforts were
made to locate less restrictive alternatives to secure
confinement and the reasons why efforts were unsuccessful in
locating a less restrictive alternative to secure confinement. Before the court commits a minor to the Department of Juvenile Justice, it shall make a finding that secure confinement is necessary,
following a review of the following individualized factors: (A) Age of the minor. (B) Criminal background of the minor. (C) Review of results of any assessments of the |
| minor, including child centered assessments such as the CANS.
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(D) Educational background of the minor, indicating
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| whether the minor has ever been assessed for a learning disability, and if so what services were provided as well as any disciplinary incidents at school.
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(E) Physical, mental and emotional health of the
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| minor, indicating whether the minor has ever been diagnosed with a health issue and if so what services were provided and whether the minor was compliant with services.
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(F) Community based services that have been provided
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| to the minor, and whether the minor was compliant with the services, and the reason the services were unsuccessful.
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(G) Services within the Department of Juvenile
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| Justice that will meet the individualized needs of the minor.
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(1.5) Before the court commits a minor to the Department of Juvenile Justice, the court must find reasonable efforts have been made to prevent or eliminate the need for the minor to be removed from the home, or reasonable efforts cannot, at this time, for good cause, prevent or eliminate the need for removal, and removal from home is in the best interests of the minor, the minor's family, and the public.
(2) When a minor of the age of at least 13 years is adjudged delinquent
for the offense of first degree murder, the court shall declare the minor a
ward of the court and order the minor committed to the Department of
Juvenile Justice until the minor's 21st birthday, without the
possibility of aftercare release, furlough, or non-emergency authorized absence for a
period of 5 years from the date the minor was committed to the Department of
Juvenile Justice, except that the time that a minor spent in custody for the instant
offense before being committed to the Department of Juvenile Justice shall be considered as time
credited towards that 5 year period. Upon release from a Department facility, a minor adjudged delinquent for first degree murder shall be placed on aftercare release until the age of 21, unless sooner discharged from aftercare release or custodianship is otherwise terminated in accordance with this Act or as otherwise provided for by law. Nothing in this subsection (2) shall
preclude the State's Attorney from seeking to prosecute a minor as an adult as
an alternative to proceeding under this Act.
(3) Except as provided in subsection (2), the commitment of a
delinquent to the Department of Juvenile Justice shall be for an indeterminate term
which shall automatically terminate upon the delinquent attaining the age of 21
years or upon completion of that period for which an adult could be committed for the same act, whichever occurs sooner, unless the delinquent is sooner discharged from aftercare release or custodianship
is otherwise terminated in accordance with this Act or as otherwise provided
for by law.
(3.5) Every delinquent minor committed to the Department of Juvenile Justice under this Act shall be eligible for aftercare release without regard to the length of time the minor has been confined or whether the minor has served any minimum term imposed. Aftercare release shall be administered by the Department of Juvenile Justice, under the direction of the Director. Unless sooner discharged, the Department of Juvenile Justice shall discharge a minor from aftercare release upon completion of the following aftercare release terms:
(a) One and a half years from the date a minor is
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| released from a Department facility, if the minor was committed for a Class X felony;
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(b) One year from the date a minor is released
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| from a Department facility, if the minor was committed for a Class 1 or 2 felony; and
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(c) Six months from the date a minor is released
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| from a Department facility, if the minor was committed for a Class 3 felony or lesser offense.
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(4) When the court commits a minor to the Department of Juvenile Justice, it
shall order the minor conveyed forthwith to the appropriate reception station
or
other place designated by the Department of Juvenile Justice, and shall appoint the
Director of Juvenile Justice legal custodian of the
minor. The clerk of the court shall issue to the
Director of Juvenile Justice a certified copy of the order,
which constitutes proof of the Director's authority. No other process need
issue to
warrant the keeping of the minor.
(5) If a minor is committed to the Department of Juvenile Justice, the clerk of the court shall forward to the Department:
(a) the sentencing order and copies of committing
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(b) all reports;
(c) the court's statement of the basis for ordering
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(d) any sex offender evaluations;
(e) any risk assessment or substance abuse
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| treatment eligibility screening and assessment of the minor by an agent designated by the State to provide assessment services for the courts;
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(f) the number of days, if any, which the minor
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| has been in custody and for which the minor is entitled to credit against the sentence, which information shall be provided to the clerk by the sheriff;
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(g) any medical or mental health records or
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(h) the municipality where the arrest of the minor
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| occurred, the commission of the offense occurred, and the minor resided at the time of commission;
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(h-5) a report detailing the minor's criminal history
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| in a manner and form prescribed by the Department of Juvenile Justice;
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(i) all additional matters which the court directs
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| the clerk to transmit; and
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(j) all police reports for sex offenses as defined by
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| the Sex Offender Management Board Act.
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(6) Whenever the Department of Juvenile Justice lawfully discharges from its
custody and
control a minor committed to it, the Director of Juvenile Justice shall petition the court for an order terminating the minor's
custodianship. The custodianship shall terminate automatically 30 days after
receipt of the petition unless the court orders otherwise.
(7) If, while on aftercare release, a minor committed to the Department of Juvenile Justice who resides in this State is charged under the criminal laws of this State, the criminal laws of any other state, or federal law with an offense that could result in a sentence of imprisonment within the Department of Corrections, the penal system of any state, or the federal Bureau of Prisons, the commitment to the Department of Juvenile Justice and all rights and duties created by that commitment are automatically suspended pending final disposition of the criminal charge. If the minor is found guilty of the criminal charge and sentenced to a term of imprisonment in the penitentiary system of the Department of Corrections, the penal system of any state, or the federal Bureau of Prisons, the commitment to the Department of Juvenile Justice shall be automatically terminated. If the criminal charge is dismissed, the minor is found not guilty, or the minor completes a criminal sentence other than imprisonment within the Department of Corrections, the penal system of any state, or the federal Bureau of Prisons, the previously imposed commitment to the Department of Juvenile Justice and the full aftercare release term shall be automatically reinstated unless custodianship is sooner terminated. Nothing in this subsection (7) shall preclude the court from ordering another sentence under Section 5-710 of this Act or from terminating the Department's custodianship while the commitment to the Department is suspended.
(Source: P.A. 102-350, eff. 8-13-21; 103-22, eff. 8-8-23.)
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